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in 2007 I plead to larceny and received a CWOF and was told we would have another hearing to determine restitution also at the original trial the judge stated if everything was returned I wouldn't owe. 5 months went by I went to the rest. hearing and my lawyer no showed it was put off for a later date. in total 11 months went by my lawyer had retired now comes the rest. hearing at the hearing it was shown everything was returned but without a lawyer I was told to pay 100 a month and hire a lawyer come back and it should wipe out the debt... now 5 years later the judge says I have violated prob and is threatening to lock me up for a long time.. also to add insult to injury ive made every payment since the date I was told and I also found out the company I owe was sold and their company had been taken over so my question is 1-if everything was returned do I still need to pay? or would I still owe if the company has been sold
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Gregory Casale, Attorney at Law
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it sounds like the Perfect Storm of circumstances. You should hire a new lawyer and explain everything as you have done here. If the record reflects anything close to your explanation, combined with receipts of your payments thus far, you should be able to clear this up. I strongly advise you to hire counsel. Your situation is complicated and if its not presented properly a judge will stop listening halfway through and find you in violation. Your lawyer should know how to extract the pertinent facts from the chaff to present what is pertinent to the judge. Do not attempt to do this on your own. You have already admitted guilt a long time ago. The judge now is merely going to determine if you violated the terms of probation or not. If s/he determines that you have you could end up in jail.
Answered on Jul 21st, 2013 at 12:53 PM